Appendix III Statutory Acknowledgements
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APPENDIX III APPENDIX Appendix III Statutory acknowledgements Regional Coastal Plan for Taranaki APPENDIX III APPENDIX Regional Coastal Plan for Taranaki Appendix III Statutory acknowledgements 1. Statutory acknowledgements A statutory acknowledgement is a means by which the Crown has formally acknowledged the statements made by the iwi of the particular cultural, spiritual, historical, and traditional association of the iwi with the statutory areas. 1.1 Purposes of statutory acknowledgements The purposes of statutory acknowledgements are (a) to require consent authorities, the Environment Court and the Historic Places Trust to have regard to the statutory acknowledgements; (b) to require relevant consent authorities to forward summaries of resource consent applications for activities that would affect the area of which the statutory acknowledgement applies to the governance entity; and (c) to enable the governance entity and any member of the relevant iwi to cite a statutory acknowledgement as evidence of the association of the iwi with the area to which the statutory acknowledgement relates. 1.2 Having regard to statutory acknowledgements Consent authorities must have regard to a statutory acknowledgement relating to a statutory area in forming an opinion in accordance with sections 93 to 94C of the Resource III APPENDIX Management Act 1991 as to whether the governance entity is a person who may be adversely affected by the granting of a resource consent for activities within, adjacent to, or impacting directly on, the statutory area. 1.3 Recording of statutory acknowledgements on statutory plans Local authorities with jurisdiction in an area that includes a statutory area must attach information recording the statutory acknowledgement to all statutory plans that wholly or partly cover the statutory area. The attachment of information is for the purpose of public information only, and the information is not part of the statutory plan or subject to the provisions of Schedule 1 of the Resource Management Act 1991. In summary, the Taranaki Regional Council is required to attach information in relation to statutory acknowledgements to its Regional Policy Statement and regional plans. This document is therefore attached to the Regional Coastal Plan for Taranaki in accordance with the relevant iwi deed of settlement legislation. Regional Coastal Plan for Taranaki A PPENDIX III Regional Coastal Plan for Taranaki Appendix IIIA Ngati Ruanui statutory acknowledgements 1. ATTACHMENT TO THE REGIONAL COASTAL PLAN FOR TARANAKI IN ACCORDANCE WITH SECTION 93(1) OF THE NGATI RUANUI CLAIMS SETTLEMENT ACT 2003 A statutory acknowledgement is a means by which the Crown has formally acknowledged the statements made by Ngati Ruanui of the particular cultural, spiritual, historical, and traditional association of Ngati Ruanui with the statutory areas. The statutory areas are described in the Schedules of the Ngati Ruanui Claims Settlement Act 2003. Four statutory acknowledgements have been made which relate to the effect of the Regional Coastal Plan for Taranaki. These are: • Statutory Acknowledgement for Te Moananui A Kupe O Ngati Ruanui Schedule 6 Ngati Ruanui Claims Settlement Act 2003 • Statutory Acknowledgement for Tangahoe River Schedule 7 Ngati Ruanui Claims Settlement Act 2003 • Statutory Acknowledgement for Whenuakura River Schedule 8 Ngati Ruanui Claims Settlement Act 2003 • Statutory Acknowledgement for Patea River Schedule 9 Ngati Ruanui Claims Settlement Act 2003 III APPENDIX The full copy of the schedules is attached. All of the above areas are shown in the attached maps. 2. STATUTORY ACKNOWLEDGEMENT 2.1 STATUTORY ACKNOWLEDGEMENT FOR TE MOANANUI A KUPE O NGATI RUANUI Schedule 6 Statutory area The area to which this statutory acknowledgement applies is the area known as Te Moananui A Kupe O Ngati Ruanui (coastal area) as shown on SO 14739. Preamble Under section 88, the Crown acknowledges the statement by Ngati Ruanui of the cultural, spiritual, historical, and traditional association of Ngati Ruanui with Te Moananui A Kupe O Ngati Ruanui (coastal area) as set out below. Cultural, spiritual, historical, and traditional association of Ngati Ruanui with Te Moananui A Kupe O Ngati Ruanui The resources found within Te Moananui A Kupe have, since time immemorial, provided the people of Ngati Ruanui with a constant supply of food resources. The hidden reefs provided koura, paua, kina, pupu, papaka, pipi, tuatua, and many other species of reef inhabitants. Hapuka, moki, kanae, mako, and patiki swim freely between the many reefs that can be found stretching out into the spiritual waters of Te Moananui A Kupe and along the Ngati Ruanui coastline. Regional Coastal Plan for Taranaki Names such as Rangatapu, Ohawe Tokotoko, Waihi, Waokena, Tangahoe, Manawapou, Taumaha, Manutahi, Pipiri, Kaikura, Whitikau, Kenepuru, Te Pou a Turi, Rangitawhi, and Whenuakura depict the whereabouts of either a fishing ground or fishing reef. All along the shoreline from Rangatapu to Whenuakura food can be gathered, depending on the tides, weather, and time of year. Tragedies of the sea are also linked to these reefs. Ngati Ruanui oral history records the sinking off Tangahoe of a Chinese trade ship that had just been loaded with a cargo of flax. When the bodies were recovered and brought to shore, none of them had any eyes. The people of Ngati Hine believe that they did something wrong and in turn were punished by the Ngati Ruanui taniwha named Toi, kaitiaki (guardian) of the fishing reefs and grounds, who is renowned to this day to eat the eyes of his victims. Purposes of statutory acknowledgement Under section 89, and without limiting the rest of this schedule, the only purposes of this statutory acknowledgement are— (a) to require consent authorities, the New Zealand Historic Places Trust, or the Environment Court to have regard to this statutory acknowledgement in relation to Te Moananui A Kupe O Ngati Ruanui, as provided for in sections 90 to 92; and (b) to require consent authorities to forward summaries of resource consent applications to the governance entity, as provided for in section 94; and (c) to enable the governance entity and any member of Ngati Ruanui to cite this statutory acknowledgement as evidence of the association of Ngati Ruanui with Te Moananui A Kupe O Ngati Ruanui, as provided for in section 95. Limitations on effect of statutory acknowledgement A PPENDIX III (1) Except as expressly provided in sections 89 to 92 and 95,— (a) this statutory acknowledgement does not affect, and is not to be taken into account by, any person exercising a power or performing a function or duty under any statute, regulation, or bylaw; and (b) No person, in considering a matter or making a decision or recommendation under any statute, regulation, or bylaw, may give greater or lesser weight to the association of Ngati Ruanui with Te Moananui A Kupe O Ngati Ruanui described in this statutory acknowledgement than that person would give under the relevant statute, regulation, or bylaw if this statutory acknowledgement did not exist in respect of Te Moananui A Kupe O Ngati Ruanui. (2) Except as expressly provided in subpart 5 of Part 5, this statutory acknowledgement does not affect the lawful rights or interests of a person who is not a party to the deed of settlement. (3) Except as expressly provided in subpart 5 of Part 5, this statutory acknowledgement does not have the effect of granting, creating, or providing evidence of an estate or interest in, or any rights relating to, Te Moananui A Kupe O Ngati Ruanui. (4) Clause (1)(b) does not limit clause (1)(a). No limitation on the Crown This statutory acknowledgement does not preclude the Crown from providing a statutory acknowledgement to a person other than Ngati Ruanui in respect of Te Moananui A Kupe O Ngati Ruanui. 2.2 STATUTORY ACKNOWLEDGEMENT FOR TANGAHOE RIVER Schedule 7 Statutory area The area to which this statutory acknowledgement applies is the area known as the Tangahoe River, as shown on SO 14740. Regional Coastal Plan for Taranaki Preamble Under section 88, the Crown acknowledges the statement by Ngati Ruanui of the cultural, spiritual, historical, and traditional association of Ngati Ruanui with the Tangahoe River as set out below. Cultural, spiritual, historical, and traditional association of Ngati Ruanui with the Tangahoe River Ngati Ruanui history informs us that the people of the Kahui Maunga (mountain people of the highest rank) inhabited the South Taranaki area prior to the arrival of the Aotea Waka. They in turn were vanquished and enveloped through warfare and intermarriage into the Aotea, Ruanui-a Pokiwa history. One of the areas in which these people were renowned to have flourished is known as the Tangahoe River and valley. The late Ueroa (Charlie) Ngarewa, an elder of both Tangahoe and Ngati Hine descent, gave one version of the origin of the name Tangahoe. He said the name Tangahoe was given to the river because of an incident that occurred, in which the steering oar was lost from a large deep-sea fishing waka as it attempted to return to the Tauranga waka. The comment was made that ``if there were 2 steering oars like that of the Waka Tipua of Turi Ariki, then the flight to its resting place would remain true.'' Turi was the Ariki (Rangatira of highest rank) of the Aotea Waka. Tangahoe: the steering oars of Turi Ariki The Tangahoe River has been a major supply of food and water resources to its people both prior to, and since, the arrival of the Aotea Waka. The valley, like the rest of the southern lands, was a fertile paradise. Because of the mild temperatures, it was without extremes and promoted lush vegetation that was checked only by the occasional equinoctial weather patterns. Birds such as manunui (which made its nests amongst the koromiko bushes), kereru (the food of nga Ariki), pukeko (the treasured species brought on the Aotea Waka), tiwaiwaka (the guardian left by Kupe), kahu (the sentinel), kakapo, kiwi, korimako, miromiro (the custodians of the forest), and pipiwharauroa (the heralder of the new year) flourished in the berry-filled trees, like the koromiko, kohia, hinau, piripiri, mamaku, and rewarewa at the side of the eel- and koura-filled creeks.